Claim says CPS could have done more

Wednesday

Feb 9, 2011 at 8:16 AMFeb 9, 2011 at 10:15 AM

Negligence by Sacramento of­ficials led a boy identified in court papers as Kyle to befall seven years of torture that culminated when he was 16 with his dramatic escape in 2008 over the back wall of a Tracy home.

Scott Smith

Negligence by Sacramento of­ficials led a boy identified in court papers as Kyle to befall seven years of torture that culminated when he was 16 with his dramatic escape in 2008 over the back wall of a Tracy home.

So says a claim expected to be filed today by an attorney for Kyle, now 18. The claim moves the focus away from four people convicted in San Joaquin County of abuse and instead blames Sac­ramento County Child Protec­tive Services.

The claim, which seeks an unspecified sum of money, says that Kyle and his half-brother, Austin, endured years of abuse primarily at the hands of Carén Ramirez, a woman who claimed custody of the boys, only show­ing officials a half-page hand­written note as proof.

Attorney John Demas is fil­ing the claim with Sacramento County, saying that Kyle never would have ended up at the Tracy home had Sacramento of­ficials done their job.

“Ultimately, this is serving no­tice that the CPS system is badly broken and needs to be fixed,” said Demas, who also holds the Sacramento County Sheriff’s Department responsible.

County officials will have six months to reject or pay out on the claim. If it is rejected, Demas could then file a lawsuit in civil court.

Kyle fled the Tracy home Dec. 1, 2008, wearing boxer shorts and a shackle around one ankle when he scurried into the nearby In-Shape Sports for help.

Ultimately, four people were held criminally responsible for what had happened to him dur­ing a year and a half in the Tracy home. He was cut, bruised, ema­ciated and covered in soot from the fireplace where he was forced to sleep.

The claim offers detail into Kyle’s life before Tracy, alleging negligence by the people who were supposed to protect him.

The claim says that when Kyle was 8, his biological mother, Su­san Cardiff, wrote the half-page note signing over Kyle and his half-brother, Austin, to Ramirez. Kyle’s mother died about seven years later.

Under Ramirez’s care, Kyle was beaten by Ramirez, who de­prived him of basic needs despite repeated contact by CPS officials and deputies, according to the claim.

Between 2002 and 2004, CPS received tips that Kyle was abused, starving and missing patches of hair, the claim says, adding that he stole food from other children at school.

A CPS worker interviewed Ramirez, which resulted in a report praising her.

“The children are safe at this home,” the CPS report said, according to the claim. “They have a chance to make something of their lives with Carén’s influence. She is a strong taskmaster.”

In 2005, Ramirez was arrested on suspicion of beating Kyle’s brother with a 5-foot stick. Austin told CPS of “what amounted to seven years of torture,” according to the claim. CPS took Austin into custody but left Kyle with Ramirez’s adult daughter.

In 2007, a CPS worker was still confused by the relationship between Kyle, who is white, and Ramirez, a Puerto Rican, and again failed to investigate her legal guardianship, according to the claim.

By then, Kyle was at the Sacramento Receiving Home, yet CPS recommended that Ramirez have daily phone and visitation rights with Kyle. Ramirez coerced Kyle to run away and return to her care, according to the claim.

Ramirez was among four people arrested and charged in connection with Kyle’s abuse at the Tennis Lane home in Tracy.

Last year, Ramirez admitted guilt in a negotiated plea deal, giving her a prison sentence of 34 years. Michael Schumacher, patriarch of the Tracy home, received 30 years. His wife, Kelly Lau, got 33 years under the plea deal.

Anthony Waiters, a neighbor of the Schumacher-Lau home, fought the charges at trial and lost. He is expected to be sentenced to a life prison term Feb. 28. His attorney is expected to file a motion seeking a new trial.

Kyle now is living with his aunt and uncle, Sydney and Ralph Perry, at an undisclosed location. He is trying to put his life back on track and catch up on his education, Demas said.

Demas blames government incompetence for failing Kyle and putting his life in danger.

“We’re prepared to prove that CPS completely abandoned its legal responsibility,” Demas said. “We can only hope this (claim) will help bring changes ... and prevent similar situations from occurring in the future.”